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IMMIGRATION JANUARY 23, 2026 | The Indian Eye 34
Evisceration of the H-1B
Visa Program Through
Executive Action
BY CYRUS D. MEHTA
half of beneficiaries who are pen and without any legisla- el IV will be entered into the INA 212(f).
outside the US. The $100,000 tion from Congress. selection pool four times; (2) “Defendants have the
he H-1B visa program fee will not apply to H-1B those assigned wage level III stronger position,” U.S.
has been eviscerated DHS Finalizes
Tthrough the promulga- petitions filed on behalf of H-1B ‘Weighted will be entered into the se- District Judge Beryl How-
ell said. “The lawfulness of
beneficiaries who are already
lection pool three times; (3)
tion of a final rule that would in the US and will also be re- those assigned wage level II the Proclamation and its
prioritize the allocation of questing a change of status to Selection’ Rule would be entered into the implementation rests on a
H-1B visas in the lottery to H-1B from another nonim- n December 23, selection pool two times; and straightforward reading of
those who are higher skilled migrant status such as F-1 or 2025, the Depart- (4) those assigned wage level congressional statutes giving
and higher paid and through J-1. This executive order was Oment of Homeland I will be entered into the se- the President broad authori-
executive action. Relatedly, recently upheld by a federal Security (DHS) announced lection pool one time. Each ty to regulate entry into the
President Trump issued an district court. These com- a final rule implementing a unique beneficiary will only United States for immigrants
executive order that would bined actions have radically weighted selection process be counted once toward the and nonimmigrants alike.”
impose a $100,000 fee on changed the H-1B visa pro- that generally favors the al- numerical allocation projec- Judge Howell noted,
H-1B petitions filed on be-
gram through the stroke of a location of H-1B visas to tions regardless of how many “To be clear, this decision in
those who are, in the registrations were submitted favor of defendants is not to
administration’s view, for that beneficiary or how dismiss or discount the past
“higher-skilled and high- many times the beneficiary is and ongoing contributions of
er-paid.” The rule gov- entered in the selection pool, H-1B workers to the Amer-
erns the process by which DHS said. The new final rule ican economy that plaintiffs
U.S. Citizenship and is expected to make it signifi- highlight. Important as those
Immigration Services cantly less likely that compa- contributions may be, the
(USCIS) selects H-1B nies will hire international effects of the H-1B program
registrations for unique students when they graduate on the American economy
beneficiaries for filing of from U.S. universities. or national security, whether
H-1B cap-subject peti- The final rule, published positive or negative, are sim-
tions (or H-1B petitions on December 29, 2025, is ef- ply not at issue in this case.
for any year in which the fective February 27, 2026, The Supreme Court has long
registration requirement and will be in place for the maintained that matters of
is suspended). DHS re- Fiscal Year 2027 H-1B cap economic and foreign poli-
ceived 17,000 comments registration season. cy are generally entrusted to
and made no changes District Court the political branches of gov-
from the proposed rule. ernment and ‘rarely proper
Court challenges are ex- Rules Against Plaintiffs subjects for judicial interven-
pected to follow. in $100,000 H-1B tion.’ ”
Under the new Fee Lawsuit, Plaintiffs The plaintiff groups,
m of process, instead of a Appeal the US Chamber of Com-
CYRUS D. MEHTA & PARTNERS PLLC random lottery, regis- n Chamber of Commerce merce and the Association
trations for unique ben-
of American Universities,
eficiaries or petitions v. Department of Home- have sought expedited re-
will be assigned to the Iland Security, a district view in the DC Circuit Court
relevant Occupational court has ruled in favor of of Appeals. The groups said
Employment and Wage the Department of Home- in their emergency consent
Statistics wage level and land Security (DHS), finding motion to expedite appeal
entered into the selec- that imposition of a $100,000 that neither section of the
tion pool as follows: (1) fee for new H-1B applica- Immigration and Nationality
registrations for unique tions and related actions Act that Trump cited in his
2 6th Floor beneficiaries or peti- were legal under a Presiden- proclamation that imposed
tions assigned wage lev- tial Proclamation pursuant to the hefty fee for the H-1B
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